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- V
1 8 9 3 :
JAMES KIRK & SON, PRINTERS,
DOVER, DELAWARE.
LAWS
OF THE
STATE OF DELAWARE
PASSED
AT A SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON TUESDAY, JANUARY 3, A. D. 1893,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDRED AND SEVENTEENTH.
VOLUME XIX- PART

-V
1 8 9 3 :
JAMES KIRK & SON, PRINTERS,
DOVER, DELAWARE.
LAWS
OF THE
STATE OF DELAWARE
PASSED
AT A SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON TUESDAY, JANUARY 3, A. D. 1893,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDRED AND SEVENTEENTH.
VOLUME XIX-PART
I.
a
LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
CHAPTER 540.
AN ACT to ratify a proposed Amendment to the Constitution of this
State in relation to Article Nine thereof.
WHEREAS the General Assembly did propose an amend- Preamble.
meat to the Constitution of this State by an aEt passed at .
Dover, May 16th, A. D. 1891, which a& and proposed
amendment are in the words following, to wit
An Aa proposing an amendment to the Constitution of Chapter.,
this State. Volume 19.
SECTION I. Be it enaaed by the Senate and House of
Representatives of the State of Delaware in General As-sembly
met (two-thirds of each house deeming it necessary
and by and with the approbation of the Governor): That the
following amendment be and the same is hereby proposed to Amendment
Article Nine of the Constitution of this State, that is to say, tsoti
strike out all of said article which reads thus :
proposed.
No convention shall be called but by the authority of the
people: and an unexceptionable mode of making their sense
known will be for them at a special eleEtion on the third
Tuesday of May in any year to vote by ballot for or against
a convention as they shall severally choose to do ; and if
thereupon it shall appear that a majority of all the citizens
in the State, having the right to vote for representatives,
have voted for a convention, the General Assembly shall
accordingly at their next session call a convention, to con-sist
of at least as many members as there are in both houses
i!
614 LAWS OF DE LA W A I< E.
CONSTITUTIONAL AM ENDM ENTS.
of the legislature, to be chosen in the same manner, at the
same places, and at the same time that representatives are
by the citizens entitled to vote for representatives, on due
notice given for one month, and to meet within three months
after they shall be eleeled. The majority of all the citizens
in the State, having right to vote for representatives shall be
ascertained by reference to the highest number of votes east
in the State at any one of the three general eleEtions next
preceding the day of voting for _a convention, except when
they may be less than the whole number of votes voted both
for and against a convention in which case the said majority
shall be ascertained by reference to the number of votes
given on the day of voting for or against a convention; and
whenever the Genera/ Assembly shall deem a convention
necessary, they shall provide by law for the -holding of a
special eleetion for the purpose of ascertaining the sense of
a majority of the citizens of the State entitled to vote for
representatives.
And in lieu thereof insert the following, that is to say
No convention shall be called but by the authority of the
people: and the mode of making their sense known shall be,
of that at any general eleEtion held for representatives in the
voor tainggai nfsotr General Assembly, and which shall have been prescribed by
a c'nventi" the General Assembly at its regular session next preceding to 13c altered. the said eleEtion as the proper occasion for ascertaintng such
sense, the citizens of this State entitled to vote for represen-tatives
at such eleEtion may vote by ballot for or against a
convention as they shall severally choose to do, and in so
Form of voting the ballot shall be separate from those cast for any
person voted for at such eleEtion and shall be kept distinEt
and apart from any other ballot so cast; and if at any such
eleCtion the number of votes for a convention shall be equal
Mode of to a majority of all the citizens in the State having right to
a=sCjoCrtt iitt yli.n lig vote for representatives, ascertained by reference to the
highest number of votes cast in the State at any one of the
three general eleCtions next preceding the day of voting for
a convention, except when they may be less than the whole
number of votes voted both for and against a convention, in
which case the said majority shall be ascertained by reference
to the number of votes given on the day of voting for or
Duty of against_ a convention, the General Assembly shall, at its next
General
Auenibly, session, call a convention, to consist of at least as many
members as there are in both houses of the legislature, to be
_chosen in the same manner, at the same places, and at the
fr
LAWS OF DELAWARE. 615
CONSTITUTIONAL AMENDMENTS.
same time that representatives are by the citizens entitled to
vote for representatives, on due notice given for one month,
and to meet within three months after they shall be eleEtedt
The legislature shall provide by law for receiving, tallying, Retups_or
and counting the said votes for and against a convention and the electien'
for returning to the General Assembly at its next session the
state of the said vote, and also for ascertaining and returning
to the said General Assembly the number of ballots cast at
said eleelion on or by which representatives were voted for,
so as to enable it to determine whether a majority of those
who voted for representatives voted for a convention; and
shall also by law enaEt all provisions necessary for giving
full effeEt to this article.
SECTION 2._ And be it further enaRed, That the Secre- Secretary of
tars' of State be and he is hereby direeled, after the Governorsp=he
shall have approved of the above proposed amendment, duly =r4n,
to publish the said proposed amendtnent in print in the
several newspapers published in this State, at least three and love.nothr.
not more than six months before the next general eleEtion of
representatives, for the consideration of the people.
AND WHEREAS the said ael and the amendment therein Further
and thereby proposed have been duly approved by the Gov- Preamble.
ernor, and since his said approbation have been published in
print in two or more newspapers of this State for the con-sideration-
of the people, at least three and not more than six
months before the general eleation of representatives in this
State held on Tuesday, the eighth day of November, Anno
Domini one thousand eight hundred and ninety-two, which
was the next general eleEtion of representatives after the
passage of the said art, in conformity with the provisions of
the constitution and of the said aft in that behalf ; therefore
Be it enafied by the Senate and House of ReAresentatives
of The Slate of Delaware in General Assembly met (three-fimrths
of each branch of the Legislature concurring):
SECTION t. That the amendment proposed by the said Amendment
oat entitled `An akt proposing an amendment to the Consti-tution
of this State," passed at Dover, May 16th, A. D. 1891, ap!...dtrifeekornea
be and the saute hereby is ratified and declared to be valid to,atution.
all intents and purposes as part of the Constitution of the
State of Delaware.
Passed at Dover, January zo, 1893.
616 LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
CHAPTER 541.
AN ACT ratifying a proposed Amendment to the Constitution of
this State.
Preamble. WHEREAS the General Assembly of this State, by an aCt
Chapter 1, passed at Dover, April 28, 1891, entitled "An a& proposing
Volume tp an amendment to the Constitution of this State," did propose
to amend the first clause of the first se&ion of the Fourth
Article of said constitution by adding- the following thereto,
immediately after the word " ballot
" But the legislature may by law prescribe the means,
methods and instruments of voting so as to best secure
secrecy and the independence of the voter, preserve the
freedom and purity of eleEtions, and prevent fraud, corrup-tion
and intimidation thereat."
AND WHEREAS the Governor did approve said amendment,
which was, after said approval, duly published in two or
more newspapers of this State for the consideration of the
people, at least three and not more than six months before
the last general ele&ion of representatives after the passage
of said aft of April 28, 1891; therefore
Be it enaRed by the Senate and Ifonse of Refiresentalives
of the State of Delaware in General Assembly met (three-fourths
of each branch of/he Legislature concurring therein):
Amendment SECTION r. That the amendment proposed by the said
ratified' a& entitled "An a& proposing an amendment to the Con-stitution
of this State," passed at Dover, April 28, 1891,
be and the same is hereby ratified and confirmed; and said
amendment shall be valid to all intents and purposes as part
of the Constitution of this State.
Passed at Dover, February 15, 1893.
Means of
voting.
Further
Preamble
LAWS OF DELAWARE. 617
CONSTITUTIONAL AMENDMENTS.
CHAPTER 542.
AN ACT proposing an Amendment to the Constitution of this State.
Be enaaed by the Senate and House of Representatives
of the Slate of Delaware in General Assembly met (two-thirds
of each house deeming it necessary and concurring
herein, and by and with the approbation of the Governor):
SECTION I. That the following amendment be and the
gcle
same is hereby proposed to the third seEtion of Article Six
the Constitution of this State, that is, by adding the fol- Revisexdoofx T
lowing additional clause thereto:
" Said court shall have the exclusive cognizance of grant- Power of
lug divorces, but for the causes and upon the
by the Legislature." conditionsprescribed Tavonr`ces.
SEcTioN 2. That the Secretary of State be and he is Secretary of
hereby direEted, after the Governor shall have approved of aSpt Ping:ft%
the above proposed amendment, duly to publish the said °pu°,1'fisrptrt,,a.
proposed amendment in the several newspapers published in posedd
this State, at least three aild not more than six months before' n n
me1t.
the next general eleEtion of representatives, for the consid-eration
of the people.
Passed at Dover, April 20, 1893.
4t?
618 LAWS OF DELAWARE.
CONSTITUTIONAL CONVENTION.
CHAPTER 543.
AN ACT prescribing the next General Eledtion as the proper occasion
for ascertaining the sense of the people in respedt to calling a Con-vention
to revise, alter and amend the Constitution.
Be it enaoled by the Senate and House of Refiresentatives
of the Slate of Delaware in General Assembly met:
General SECTION I. That at the general eleEtion to be held in
election of this State on the Tuesday next after the first Monday in the =894 Pres-cnbed
as month of November in the year of our Lord one thousand proper occa. .
won for as- eight hundred and ninety-four, the citizens of this State
eierttinisttega entitled to vote for representatives at such eleEtion may vote_
thePc°0e. by ballot for or against a convention as they shall severally
choose to do, and in so voting the ballot shall be separate
from those cast for any person voted for at such eleCtion and
shall be kept distill& and apart from any other ballot so cast.
Ballots, SECTION 2. That the ballots for or against a convention
f"`" "``. shall be of such uniform and suitable size that they may
readily be distinguished from the ballots prescribed by law
for candidates for office, and of such quality, color and
thickness of paper that the printing thereon cannot be recog-nized
from the back thereof.
The words " For a Convention " shall be printed on the
right hand side of each ballot, and the words "Against a
Convention " on the left hand side thereof ; and, in voting,
each voter shall mark, with the stamp provided for the said
'general eleEtion, his ballot within the space immediately
above either the said words "For a Convention" or "Against
a Convention," and thereby indicate on which side he desires
to vote. The said ballots shall be provided, printed, packed,
supplied, distributed, received, opened, signed, delivered for
voting, voted, deposited, counted, preserved and destroyed
by the same persons, at the same times and places, in the
I
L.\\VS OF DELAWARE. 619
CONSTITUTIONAL CONVENTION,
same manner, according to the same regulations and subjeel
to the same penalties so far as applicable to the purposes of
this aEt as is now or hereafter shall be prescribed concerning
the said general eleEtion by the a6.1 entitled "An aEt to pro-vide
for the secrecy and purity of the ballot," passed at
Dover, May fifteenth, eighteen hundred and ninety-one, or
any amendment or supplement thereto.
SECTION 3. That the sheriffs or other officers who are Duty of
required by law to deliver to the proper eleEtion officers the clicerrk ortit
ballot boxes, tally lists and other prescribed articles for use Pea"'
at the said general eleCtion, shall also, in addition thereto
deliver to the same persons at the same times, two suitable
ballot boxes for each voting place, with tape and sealing wax
therefor, together with such written or printed fornis of tally
lists, certificates of the votes cast for or against a convention
and other articles as shall be required for the purposes of this
aCt. The votes given for or against a convention shall be
received, counted, tallied and certified, and the state of the tryof
vote for or against a convention canvassed, ascertained and ccecrcsti
on
oni-certified
by the same persons, at the same places, during the
same hours, in the same manner, according to the same reg-ulations
and subjeal to the same penalties so far as applica-ble
to the purposes of this ael as is now or hereafter shall be
prescribed by law concerning the said general eleelion. The
certificates respeClively of said votes shall contain and show
accurately the number, in words at length, of votes cast for
a convention and against a convention.
SECI ION 4. That the returns of the state of the vote for keturtis and
or against a convention canvassed, ascertained and certified tcoerwtill,gmates,
as aforesaid by the board of canvass of each county, and delivered'
duplicates thereof, shall be delivered in the same manner, by
the same persons, in the same way, and to the same officers
as the returns of the eleation for Governor and duplicates
thereof are required to be delivered by direalion of the Con-stitution
of this State.
SECTION 5. That the General Assembly shall at the next General As-session
thereof after said general eleelion, and on the third sceal,nrs Tote
Wednesday after its organization, meet in joint session, in
the hall of the House of Representatives, to be present at
the opening and publishing of the said returns of the state
of the vote for or against a convention, and to ascertain
therefrom the result of said vote throughout the State by
,11
tt
CONSTITUTIONAL CONVENTION.
calculating the aggregate amount of all the votes that shall
have been given respeEtively for a convention and against a
convention in all the counties of the State.
it mei. SECTION 6. That if thereupon it shall appear that at
enrymean tt yoc. said general ele6lion the number of votes for a convention
to be called. shall be equal to a majority of all the citizens in the State
having right to vote for representatives, as ascertained by
reference to the highest number of votes cast in the State at
any one of the three general eleEtions next preceding the day
of voting for a convention, except when they may be less
than the whole number of votes voted bothfor and against a
convention, in which case the said majority shall be ascer-tained
by reference to the number of votes given on the day
of voting for or against a convention, the General Assembly
shall, at its said next session after said general eleEtion, make
provision by appropriate legislation for the calling and elec-tion
of a convention to consist of at least as many members
as there are in both
convention,
of the legislature, to be chosen in
the same manner, at the same places, and at the same time -
that representatives are by the citizens entitled to vote
for representatives, on due notice given for one month, and
to meet within three months after they shall be eleEted.
Duty a SEcT1014 7. That it shall be the duty of the sheriff or
Sheriff and
other officers other officers to whom the ballot boxes used at said general
in relation to eleEtion shall be delivered for the purposes of this a61, to returns of
election, Ste. keep the said boxes, and the ballots and the certificates and
tally lists of the vote for or against a convention deposited
therein safely, until the meeting of the General Assembly
at its said next session after the said eleCtion, and to hold
the same subjeet to the order of the General Assembly during
the said session.
Passed al Dover, April 6, 1893.
620 OF J)EI,AWAI

- V
1 8 9 3 :
JAMES KIRK & SON, PRINTERS,
DOVER, DELAWARE.
LAWS
OF THE
STATE OF DELAWARE
PASSED
AT A SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON TUESDAY, JANUARY 3, A. D. 1893,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED
STATES THE ONE HUNDRED AND SEVENTEENTH.
VOLUME XIX- PART